The Holy See (Latin: Sancta Sedes Episcopalis or Latin: Sancta Sedes) is the episcopal jurisdiction of the Bishop of Rome (who is commonly known as the Pope), and is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and speaks for the whole Catholic Church. It is also recognized by other subjects of international law as a sovereign entity, headed by the Pope, with which diplomatic relations can be maintained.[1]

Although it is often referred to by the ambiguous term "the Vatican", the Holy See is not the same as the Vatican City State, which came into existence only in 1929, while the Holy See dates back to early Christian times. Ambassadors are officially accredited not to the Vatican City State but to "the Holy See", and papal representatives to states and international organizations are recognized as representing the Holy See, not the Vatican City State.

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The Pope governs the Catholic Church through the Roman Curia. The Roman Curia consists of a complex of offices that administer church affairs at the highest level, including the Secretariat of State, nine Congregations, three Tribunals, eleven Pontifical Councils, and seven Pontifical Commissions. The Secretariat of State, under the Cardinal Secretary of State, directs and coordinates the Curia. The current incumbent, Cardinal Tarcisio Bertone, is the See's equivalent of a prime minister. Archbishop Dominique Mamberti, Secretary of the Section for Relations with States of the Secretariat of State, acts as the Holy See's minister of foreign affairs. Bertone and Mamberti were named in their respective roles by Pope Benedict XVI in September 2006.

The Secretariat of State is the only body of the Curia that is situated within Vatican City. The others are in buildings in different parts of Rome that have extraterritorial rights similar to those of embassies.

Three tribunals are responsible for judicial power. The Sacra Rota is responsible for normal appeals, including decrees of nullity for marriages, with the Apostolic Signatura being the administrative court of appeal and highest ecclesiastical court. The Apostolic Penitentiary is different from those two and, instead of dealing with contentious cases, issues absolutions, dispensations, and indulgences.

The Holy See does not dissolve upon a Pope's death or resignation. It instead operates under a different set of laws sede vacante. During this interregnum, the heads of the dicasteries of the Roman Curia (such as the prefects of congregations) cease immediately to hold office, the only exceptions being the Major Penitentiary, who continues his important role regarding absolutions and dispensations, and the Camerlengo of the Holy Roman Church, who administers the temporalities (i.e., properties and finances) of the See of St. Peter during this period. The government of the See, and therefore of the Catholic Church, then falls to the College of Cardinals. Canon law prohibits the College and the Camerlengo from introducing any innovations or novelties in the government of the Church during this period.

The Holy See has been recognized, both in state practice and in the writing of modern legal scholars, as a subject of public international law, with rights and duties analogous to those of States. Although the Holy See, as distinct from the Vatican City State, does not fulfil the long-established criteria in international law of statehood; having a permanent population, a defined territory, a stable government and the capacity to enter into relations with other states,[3] its possession of full legal personality in international law is proved by the fact that it maintains diplomatic relations with 177 states, that it is a member-state in various intergovernmental international organizations, and that it is: "respected by the international community of sovereign States and treated as a subject of international law having the capacity to engage in diplomatic relations and to enter into binding agreements with one, several, or many states under international law that are largely geared to establish and preserving peace in the world."[4]

Although the Holy See is closely associated with the Vatican City, the independent territory over which the Holy See is sovereign, the two entities are separate and distinct. After the Italian takeover of the Papal States in 1870, the Holy See had no territorial sovereignty. In spite of some uncertainty among jurists as to whether it could continue to act as an independent personality in international matters, the Holy See continued in fact to exercise the right to send and receive diplomatic representatives, maintaining relations with states that included the major powers of Russia, Prussia and Austria-Hungary. Where, in accordance with the decision of the 1815 Congress of Vienna, the Nuncio was not only a member of the Diplomatic Corps but its Dean, this arrangement continued to be accepted by the other ambassadors. In the course of the 59 years during which the Holy See held no territorial sovereignty, the number of states that had diplomatic relations with it, which had been reduced to 16, actually increased to 29.[9]

The State of the Vatican City was created by the Lateran Treaty in 1929 to "ensure the absolute and visible independence of the Holy See" and "to guarantee to it an indisputable sovereignty in international affairs" (quotations from the treaty). Archbishop Jean-Louis Tauran, the Holy See's former Secretary for Relations with States, said that the Vatican City is a "minuscule support-state that guarantees the spiritual freedom of the Pope with the minimum territory".[10]

The Holy See, not the Vatican City, maintains diplomatic relations with states and participates in international organizations.[11] Foreign embassies are accredited to the Holy See, not to the Vatican City, and it is the Holy See that establishes treaties and concordats with other sovereign entities. When necessary, the Holy See will enter a treaty on behalf of the Vatican City.

Every episcopal see is considered holy. In Greek, the adjective "holy" or "sacred" (ἱερά) is constantly applied to all such sees as a matter of course. In the West, the adjective is not commonly added, but it does form part of an official title of two sees: as well as Rome, the Bishopric of Mainz (the former Archbishopric of Mainz), which was also of electoral and primatial rank, bears the title of "the Holy See of Mainz" (Latin: Sancta Sedes Moguntina).

The term "see" comes from the Latin word "sedes", meaning "seat", which refers to the Episcopal throne (cathedra). The term "Apostolic See" can refer to any see founded by one of the Apostles, but, when used with the definite article, it is used in the Catholic Church to refer specifically to the see of the Bishop of Rome, whom that Church sees as successor of Saint Peter, the chief of the apostles.

↑The Holy See's sovereignty has been recognized explicitly in many international agreements and is particularly emphasized in article 2 of the Lateran Treaty of 11 February 1929, in which "Italy recognizes the sovereignty of the Holy See in the international field as an inherent attribute of its nature, in conformity with its tradition, and the requirements of its mission in the world."

↑The criteria for statehood where first authoritatively enunciated at the Montevideo Convention on Rights and Duties of States, signed on 26 December 1933.

↑Robert Araujo and John Lucal, Papal Diplomacy and the Quest for Peace, the Vatican and International Organizations from the early years to the League of Nations, Sapienza Press (2004), ISBN 1-932589-01-5, p. 16. See also James Crawford, The Creation of States in International Law, (1979) p. 154.